The Impact of Pre-Existing Conditions on Personal Injury Claims in New Hampshire

If you are dealing with the aftermath of a personal injury, you may be feeling uncertain about the future. You might wonder if your pre-existing conditions will affect your claim and whether you can receive the compensation you deserve. These concerns are natural, and you are not alone in feeling this way. At our firm, we understand how overwhelming this process can be, and we are here to guide you through it with compassion and dedication.

James J. Tenn, Jr.
Attorney

Mary Elizabeth Tenn
Attorney

John J. Tenn
Attorney

Working hard to obtain the best results possible for our clients and fighting to protect their rights.

Understanding Personal Injury Claims and Pre-Existing Conditions

A personal injury claim arises when someone suffers harm due to the negligence or wrongful actions of another party. Compensation is often sought to cover medical expenses, lost wages, and pain and suffering. However, the presence of pre-existing conditions can complicate matters. These conditions are injuries or illnesses you had before the accident occurred. Insurance companies often attempt to use pre-existing conditions as a reason to reduce or deny claims. This is where understanding your rights becomes essential. In New Hampshire, personal injury law considers the “eggshell plaintiff” rule. This principle means that a negligent party must take a victim as they find them. If a pre-existing condition worsened due to an accident, the party at fault may still be held responsible for the aggravation of that condition. However, the burden often falls on the injured party to demonstrate how the accident directly impacted their health.

How Pre-Existing Conditions Influence Compensation

Insurance companies tend to scrutinize personal injury claims involving pre-existing conditions more closely. They may argue that your injuries are not as severe as you claim or that they stem from your previous health issues rather than the accident. This is why documentation and evidence are critical to a successful case. Medical records play a central role in proving your case. These records can show the difference between your condition before and after the incident. Clear and detailed documentation from your healthcare provider can highlight how the accident aggravated your pre-existing condition. For example, if you had back pain before the accident but now require surgery due to the trauma, this change can demonstrate the impact of the accident.

Establishing Causation in Personal Injury Claims

To recover damages in a personal injury case, you must establish causation. This means showing that the negligent actions of another party caused or worsened your injuries. For individuals with pre-existing conditions, this can be particularly challenging. Insurance adjusters may attempt to shift the blame onto your prior health issues rather than acknowledging the new harm caused by the accident. Building a strong case often involves collaborating with medical professionals to provide clear explanations of how the accident affected your condition. This might include evaluations from doctors or specialists who can outline the changes in your health. In addition, witness statements, accident reports, and photographic evidence can further support your claim.

Dealing With Insurance Companies

Navigating negotiations with insurance companies can feel like an uphill battle, especially when pre-existing conditions are involved. Insurers often employ tactics to minimize payouts. They may offer low settlements, delay claims, or argue that your injuries are unrelated to the accident. It is important to approach these negotiations with preparation and knowledge of your rights. Having legal representation can make a significant difference. An experienced attorney can help you avoid common pitfalls, gather necessary evidence, and advocate on your behalf.

James J. Tenn, Jr.
Attorney

Mary Elizabeth Tenn
Attorney

John J. Tenn
Attorney

Working hard to obtain the best results possible for our clients and fighting to protect their rights.

Common Misconceptions About Pre-Existing Conditions

One common misunderstanding is that having a pre-existing condition automatically disqualifies you from pursuing a personal injury claim. This is not true. While pre-existing conditions can complicate a case, they do not eliminate your right to seek compensation. The law recognizes that accidents can worsen existing health problems and holds negligent parties accountable for these aggravations. Another misconception is that insurance companies will treat you fairly if you provide all the necessary information. Unfortunately, insurers often prioritize their bottom line over fairness. Without proper guidance, you may accept a settlement that does not adequately cover your losses.

The Importance of Legal Representation

Personal injury claims require careful handling, especially when pre-existing conditions are part of the picture. Legal representation can help ensure your rights are protected. An attorney can work with medical professionals to gather evidence, build a compelling case, and negotiate with insurance companies on your behalf. Every case is unique, and there is no one-size-fits-all approach to handling personal injury claims. Having legal support can provide peace of mind and improve your chances of obtaining a fair outcome.

Protecting Your Rights After an Accident

Time is a critical factor in any personal injury claim, especially when pre-existing conditions are involved. Seeking immediate medical attention after an accident not only ensures your health is addressed but also creates a clear record of your injuries. Delays in treatment can lead to disputes about whether the accident or your pre-existing condition is the root cause of your symptoms. Prompt action can help protect your claim from unnecessary challenges and ensure your case is built on a solid foundation.

How Courts View Pre-Existing Conditions

New Hampshire courts understand that pre-existing conditions can make a person more vulnerable to injury. They do not penalize victims for their health history. Instead, they focus on the extent to which the accident contributed to the individual’s suffering or worsened their condition. Compensation is calculated based on the additional harm caused, and a thorough legal strategy can demonstrate this impact effectively. The ability to present a clear narrative of how the accident affected you is often the difference between a favorable outcome and an inadequate settlement.

Taking the First Step Toward Justice

If you or a loved one has been injured in an accident, you do not have to face the challenges of a personal injury claim alone. The presence of pre-existing conditions should not prevent you from seeking the compensation you deserve. At Tenn And Tenn, PA, we are dedicated to helping individuals like you navigate the complexities of personal injury law. Our team is committed to advocating for your rights and ensuring you receive the support and guidance you need during this difficult time. Contact us today to discuss your case and learn how we can assist you in pursuing a successful outcome. To learn more about this subject click here: What You Need to Know About Wrongful Death Claims in New Hampshire